Sinclair Stations Go Dark on DISH

ENGLEWOOD: DISH Network has lost access to 129 local Sinclair Broadcast Group channels, affecting 79 markets across the U.S., and is reigniting its complaint with the Federal Communications Commission (FCC) against the group.

DISH claims that the two had been able to reach an agreement on rates and other terms for the carriage of Sinclair local stations. DISH had offered another short-term contract extension to Sinclair that would include a retroactive “true-up” when new rates were agreed upon, and would preserve the ability of DISH customers to access the Sinclair local stations while negotiations continued. The “true-up” would ensure that Sinclair was made whole at the new rates for the period of any contract extension.

“We have agreed to rates and all terms to carry Sinclair’s local stations,” said Warren Schlichting, DISH's senior VP of programming. “But Sinclair is blacking out 129 local stations in an effort to negotiate a carriage agreement for an unrelated cable channel that it hopes to acquire, but does not own today.”

Schlichting continued: “Sinclair rejected our extension offer and has chosen to use innocent consumers as pawns to gain leverage for the economic benefit of Sinclair, while causing substantial harm and disruption to the lives of consumers.”

“Since we offered to retroactively true them up when new rates were agreed upon, Sinclair had nothing to lose and consumers had everything to gain from an extension of our existing contract that would allow negotiations to continue,” said R. Stanton Dodge, DISH's executive VP and general counsel. “Instead, Sinclair rejected our offer and has chosen to use innocent consumers as pawns to gain leverage for the economic benefit of Sinclair, while causing substantial harm and disruption to the lives of those very same consumers who ultimately will bear the brunt of the unreasonable terms sought by Sinclair.”

In its complaint to the FCC, DISH accuses Sinclair of orchestrating the largest blackout in U.S. television history as a means to force DISH to carry a cable channel Sinclair hopes to acquire, but does not currently own.

“We are calling on the FCC to intervene in Sinclair’s senseless blackout that needlessly punishes consumers despite an agreement on rates and all other terms for Sinclair’s local stations,” said Jeff Blum, DISH's senior VP and deputy general counsel. "Sinclair rejected every opportunity to serve viewers including our extension offer, which featured a full true-up, and has instead chosen to use innocent consumers as pawns to gain leverage for a cable channel it hopes to acquire but does not own today.”

DISH is asking the FCC to immediately grant preliminary injunctive relief while it considers the amended complaint, and to require Sinclair to negotiate in good faith.